File 139, as amended by Senate "A" and "D"

OLR Bill Analysis

SB 1402 (File 139, as amended by Senate "A" and "D")*

AN ACT CONCERNING A SINGLE STATE HANDGUN PERMIT.

SUMMARY:

This bill (1) extends the current ban on the sale, possession, and transportation of designated assault weapons to variations of those weapons and other weapons with specified characteristics and (2) makes conforming changes. It exempts from the ban any firearm used in International Olympic Committee (IOC)-sanctioned sporting competitions if the person possessing or selling it is otherwise eligible to possess it and holds any requisite permit or certificate to possess or carry it.

The bill gives one year, until October 1, 2002, for anyone who lawfully possessed one of the newly designated weapons before October 1, 2001 to get a Department of Public Safety (DPS) certificate of possession which allows possession of assault weapons under specified conditions.

With exceptions, the bill makes it a crime (a class A misdemeanor for a first offense and a class D felony for subsequent ones) to give away; transport or bring into the state; or keep, offer, or expose for sale (1) armor-piercing .50-caliber bullets or incendiary .50-caliber bullets and (2) large capacity magazines. In the former case, the person must know he is performing the activities, but in the latter, knowledge is not an element.

The bill allows the court to suspend prosecution for court-determined minor violations of some of its provisions and the current law on assault weapon possession and transfers.

*Senate Amendment "A" replaces the original bill, which created a single gun permit system by eliminating the local permit, with this substitute.

*Senate Amendment "D" adds the exemption for guns in IOC-sanctioned events.

EFFECTIVE DATE: October 1, 2001

ASSAULT WEAPONS

Current law designates as assault weapons, if they are not permanently inoperable, any:

1. of a specific list of firearms;

2. selective-fire firearm capable of fully automatic, semi-automatic, or burst fire at the user's option; and

3. part or parts either designed or intended to convert a firearm into an assault weapon or from which an assault weapon may be assembled rapidly if they are in one person's possession.

With some exceptions, it is illegal to sell or transport any of these weapons. But people who had them before October 1, 1993 and registered them with DPS within prescribed deadlines can keep them and relinquish them under specified circumstances.

The bill adds weapons that are variations, with minor differences, to the assault weapons definition, including the following:

Armalite AR-10, M15, or Golden Eagle types

Bushmaster AR 15 or XM 15 types;

Colt AR 10 or Match Target types;

DPMS Panther type

DS Arms SA 58 type;

Eagle Arms M15 or EA-15 types

Fulton Armory AR 15 type

Hesse Arms HAR 15A2 or HAR-25 types

Intratec TEC DC-9 or AB 10 types;

Knights SR 15, SR-25, or RAS types;

Les Baer Ultimate AR type;

Olympic Arms AR 15, Car 97 or PCR types

Professional Ordinance, Inc. Carbon 15 rifle or Carbon 15 pistol types

Rock River Arms, Inc. Standard A2, Car A2, Standard A-4 Flattop, Car A-4 Flattop, NM A2-DCM Legal or Le Tactical Carbine types;

Special Weapons SW-5/45 type

Wilson Combat AR-15

Urban Tactical, Tactical Precision, and Tactical Carbine types

The bill also adds any unlisted:

1. semiautomatic rifle that can accept a detachable magazine if the rifle has any two of the following features: (a) a folding or telescoping stock, (b) a pistol grip that protrudes conspicuously beneath the action of the weapon, (c) a bayonet mount, (d) a flash suppressor or threaded barrel designed to accommodate a flash suppressor, and (e) a grenade launcher;

2. semiautomatic pistol that can accept a detachable magazine if the pistol has any of the following features: (a) an ammunition magazine that attaches to the pistol outside of the pistol grip; (b) a threaded barrel that can accept a barrel extender, flash suppressor, forward handgrip, or silencer; (c) a shroud attached to, or partially or completely encircling the barrel and permitting the shooter to hold the firearm with the nontrigger hand without being burned; (d) a manufactured weight of 50 ounces or more when unloaded; and (e) a semiautomatic version of an automatic firearm;

3. semiautomatic shotgun with any two of the following features: (a) a folding or telescoping stock, (b) a pistol grip conspicuously protruding beneath the action of the weapon, (c) a fixed magazine capacity in excess of five rounds, and (d) the ability to accept a detachable magazine;

4. any semiautomatic firearm that can fire .50-caliber ammunition;

5. part or parts in one person's possession either designed or intended to convert any firearm into one of the newly covered assault weapons or from which such a weapon may be assembled rapidly if they are in one person's possession.

CONFORMING CHANGES

Exemptions

As is the case for currently listed weapons, the bill allows the sale of the newly added weapons to police departments, the Department of Correction (DOC) and DPS, and the U.S. and Connecticut military and navy for official use. It exempts possession by employees or members of these agencies, and it does not prohibit possession or use by sworn members of these agencies when on duty and in the scope of their duties.

Until July 1, 2002, the bill allows anyone who lawfully possessed any of the newly listed weapons before October 1, 2001 to legally possess it if he is eligible to apply for a certificate of possession by July 1, 2002 and otherwise complies with the bill.

As under current law, the bill allows an executor or administrator of an estate that includes an assault weapon for which a certificate has been issued to (1) possess the weapon at his residence, business, or other place he owns; on another person's property with permission; or as authorized by the probate court and (2) dispose of the weapon, as authorized by the probate court, provided the bill otherwise permits it.

As is the case with currently designated assault weapons, the bill allows licensed gun dealers to (1) transport any the newly listed weapons between dealers or out of state, display them at gun shows licensed by state or local government entities, or sell them to out-of-state residents; (2) accept them for servicing or repair from anyone with a certificate for them; and (3) transfer them for servicing to a federally licensed gunsmith employed by, or under contract to, them for gunsmithing services.

As is the case for currently designated weapons, the bill (1) exempts from the possession ban anyone who arranges in advance to relinquish any of the newly listed weapons to a police department or DPS; (2) allows transfer of any of the weapons by bequest or interstate succession if a certificate of possession has been issued for it; (3) allows the temporary transfer or possession of a weapon for which a certificate was issued for certain out-of-state events; and (4) allows transporting the weapon to a shooting competition or exhibition, display, or educational project about firearms that is sponsored, approved, or under the auspices of a law enforcement agency or a national or state-recognized entity fostering proficiency in or promoting firearm education.

Certificates of Possession

By October 1, 2002, the bill requires anyone who lawfully possessed any of the newly listed weapons before October 1, 2001 to apply to the DPS for a certificate of possession, which is currently required to possess assault weapons. If a member of the U.S. or Connecticut military is unable to apply by the deadline because he is out of state on official duty, he must apply within 90 days of returning. If a member of the Connecticut or U.S. military or navy who possesses an assault weapon legally is transferred to Connecticut after October 1, 2002, he must apply within 90 days of arriving here.

The certificate of possession must contain a description of the firearm, including all identification marks; the owner's full name, address, date of birth, and thumbprints; and other information DPS considers appropriate. The name and address of the certificate are confidential and may be disclosed only to a law enforcement agency and the mental health commissioner under specified circumstances.

Under the bill, a person who has already registered one of the newly covered firearms as an assault weapon pursuant to current law does not have to reregister.

The bill subjects owners of the newly listed weapons to the same restrictions that apply to currently listed weapons. Beginning January 1, 2002, it prohibits anyone with a certificate of possession for a weapon from (1) selling the weapon in-state except to a licensed gun dealer or (2) otherwise transferring the weapon except by bequest or intestate succession or to DPS or a police department. Anyone who inherits an assault weapon for which a certificate has been issued has 90 days to apply for a certificate for the weapon, sell it to a licensed gun dealer, make it permanently inoperable, or take it out of state. Anyone, other than a member of the military or navy, who moves into state in lawful possession of an assault weapon has 90 days to render it permanently inoperable, sell it to a licensed gun dealer, or remove it from the state.

A certificate holder may possess an assault weapon:

1. at his residence, business place, on his property, or on someone else's with permission;

2. while at a (a) target range to practice target shooting, (b) a target range that holds a regulatory or business license for the purpose of practicing shooting at the range, or (c) a licensed shooting club;

3. while attending any exhibition, display, or educational project about firearms sponsored by, conducted under the auspices of, or approved by a law enforcement agency or a national or state- recognized entity that fosters proficiency in, or promotes education about, firearms; or

4. while transporting it between any of the places mentioned or to a licensed dealer for servicing or repair.

An individual may arrange in advance to relinquish an assault weapon to a police department or DPS. When transporting it, he must comply with the bill's carrying standards.

Certificates of Transfer

As under current law, when the owner of any assault weapon sells or transfers it to a licensed gun dealer, the dealer must execute a certificate of transfer and send it to the public safety commissioner. The certificate must contain the sale or transfer date; the names and addresses of the seller or transferor and the dealer, their social security numbers or motor vehicle operator license numbers, if applicable; the dealer's firearms license number and seller's permit number; a description of the weapon, including the caliber, make, and serial number; and any other information the public safety commissioner prescribes. The dealer must present his motor vehicle operator's license or social security card, federal firearms license, and seller's permit to the seller or transferor for inspection at the time of sale or transfer. The commissioner must maintain a file of all certificates of transfer at his central office.

Sale and Possession of Assault Weapons

With some exceptions, it is a class C felony, with a mandatory, minimum two-year sentence to distribute, transport, or bring into the state, keep for sale, offer or expose for sale, or give an assault weapon. There is an additional mandatory, minimum six-year sentence for anyone convicted of selling, transferring, or giving the weapon to a minor under age 18.

With some exceptions, it is a class D felony with a mandatory minimum one-year sentence to possess an assault weapon. A first violation is a class A misdemeanor if the person can prove lawful possession of the weapon before October 1, 2001 and has otherwise complied with the bill's conditions for possessing the weapons.

ARMOR-PIERCING BULLETS

The bill makes it a crime to knowingly give away; transport or bring into the state; or keep, offer, or expose for sale armor-piercing .50-caliber bullets or incendiary .50-caliber bullets. A first violation is a class A misdemeanor, punishable by imprisonment for up to one year, a fine of up to $2,000, or both. Any subsequent violation is class D felony, punishable by imprisonment for one to five years, a fine of up to $5,000, or both.

The bill defines "incendiary .50-caliber bullet" as any .50-caliber bullet designed for, held out by the manufacturer or distributor as, or generally recognized as having the capability to ignite upon impact. They include bullets commonly designated as "M1 Incendiary," "M23 Incendiary," "M8 Armor-Piercing Incendiary" or "API" or "M20 Armor-Piercing Tracer" or "APIT." The bill defines armor-piercing bullet as one that is .50-caliber and is designed for, held out by the manufacturer or distributor as, or generally recognized as having the capability to penetrate armor or bulletproof glass. They include such bullets commonly designated as "M2 Armor-Piercing, " or "AP," "M8 Armor-Piercing Incendiary," or "API," "M20 Armor-Piercing Incendiary Tracer," or "APIT," "M903 Caliber .50 Saboted Light Armor Penetrator" or "SLAP," or "M962 Saboted Light Armor Penetrator Tracer" or "SLAPT."

The bill exempts:

1. ammunition sales to DPS, police departments, the DOC, or the Connecticut or U.S. military or navy for their official duties;

2. disposition of ammunition by estate executors or administrators as authorized by probate court; and

3. ammunition transfers by bequest or intestate succession.

LARGE CAPACITY AMMUNTION MAGAZINE

The bill makes it a crime to give away; transport or bring into the state; or keep, offer, or expose for sale large capacity ammunition magazine. A first violation is a class A misdemeanor, punishable by imprisonment for up to one year, a fine of up to $2,000, or both. Any subsequent violation is class D felony, punishable by imprisonment for one to five years, a fine of up to $5,000, or both.

The bill defines "large capacity ammunition magazine" as any ammunition-feeding device capable of accepting more than 10 rounds. It does not include (1) feeding devices permanently altered so that they cannot accept more than 10 rounds or (2) any .22 caliber tube ammunition devices.

The bill exempts:

1. sales to DPS, police departments, DOC, or the Connecticut or U.S. military or navy for their official duties;

2. disposition of magazines included in an estate by the executor or administrator as authorized by probate court;

3. transfers by bequest or intestate succession;

4. importation by anyone who lawfully possessed a magazine in the state before October 1, 2001, lawfully took it out of state, and is bringing it back;

5. transfers to licensed gun dealers for repair, service, maintenance, or modification; and

6. transfers for servicing or repair to federally licensed gunsmiths employed by, or under contract to, the dealer for gunsmithing services.

SUSPENSION OF PROSECUTION FOR MINOR VIOLATIONS

The bill allows the court to suspend prosecution for minor violations pertaining to possession and transfer of assault weapons, armor piercing .50-caliber bullets, incendiary .50-caliber bullets, and large capacity ammunition magazines. The court must find that the violator (1) will probably not offend again and (2) never violated or had a prosecution suspended before for violating these provisions. For suspension to occur, the violator must state that he understands the consequences, agree to the temporary suspension of any statute of limitations, and waive his right to a speedy trial.

The bill requires the court to place the accused on probation for up to two years and allows it to impose other conditions. The court must terminate the suspension if the accused violates the conditions.

The bill requires the court to dismiss the charges if it finds that the accused completes probation successfully and requests dismissal. The court may, in its discretion, dismiss the charges without such a request after it receives a report from the Office of Adult Probation. A dismissal requires that the charges be erased. A court's decision to deny a motion to dismiss or terminate a suspension is final for appeal purposes.

BACKGROUND

Manufacturers

The assault weapons law specifies that its provisions should not be construed to prohibit anyone who manufactures assault weapons in Connecticut from manufacturing or transporting the weapons in the state for sale out-of-state or in-state to agencies such as DOC, which are not prohibited from purchasing assault weapons.

Crimes and Penalties

The law requires a mandatory, minimum eight-year sentence for anyone who uses, threatens to use, display, or purports to have an assault weapon while committing a class A, B, or C felony, with this sentence in addition and consecutive to any imprisonment for the felony.

The use of an assault weapon in a crime punishable by death is one of the aggravating circumstances justifying the death penalty.

Carrying Assault Weapons

A person cannot (1) carry a concealed loaded assault weapon and (2) knowingly have in a vehicle he operates, owns, or occupies (a) a loaded assault weapon or (b) an unloaded assault weapon that is not in the trunk or in a case or container that is inaccessible to the vehicle's occupants. A violation carries a $500 fine, imprisonment for up to three years, or both.

Legislative History

On April 25, May 3, and May 16, the Senate referred the bill to the Planning and Development; Finance, Revenue and Bonding; and Judiciary committees, respectively. The committees reported it favorably without changes on April 30, May 9, and May 22, respectively.

COMMITTEE ACTION

Public Safety Committee

Joint Favorable Report

Yea

22

Nay

0

Planning and Development Committee

Joint Favorable Report

Yea

14

Nay

1

Finance, Revenue and Bonding Committee

Joint Favorable Report

Yea

40

Nay

1

Judiciary Committee

Joint Favorable Report

Yea

28

Nay

6